Protect Plano

CCGOP Resolution Reprimanding Ben Smith

The Purpose of this page is provide detail and supporting materials to allow the CCGOP to understand, evaluate and determine if the actions of Judge Ben Smith in the matter of the Plano Tomorrow Lawsuit. are consistent with the highest standards of morals, ethics, integrity demanded by the Republican party by those that use the title 'Republican" as a qualifier when they aspire to elected office. The information included here is not for formal Texas judicial disciplinary purposes, or to be used as such by those that have the legal authority and punitive power over judge Ben Smith. These questions are to be used by the CCGOP Executive Committee as they are the appropriate authority to determine who is or is not qualified to use the title "Republican".

Did Ben Smith Allow Himself to be drawn into ex parte conversations in violation of the Texas Judicial Code (TJC)?

Please refer to the person account of her description of how she herself participated in these conversations and how Ben Smith related to her he was "pressured from all sides". Please also see the Facebook post where he admits he was approached ex parte and his impariality could be resonably be questioned.

TJC: Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities A. A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Canon 3: Performing the Duties of Judicial Office Impartially and Diligently, B. Adjudicative Responsibilities, Section (8) "A judge shall not initiate, permit, or consider ex parte communications or other communications made to the judge outside the presence of the parties between the judge and a party ... concerning the merits of a pending or impending judicial proceeding".

Did Judge Smith allow these ex parte conversations sway his ability to be impartial?

Please refer to the 1st person account of Ben Smith's feelings if an external entity attempted to impose changes to his community he wouldn't like. Did it sway his ablility to render a decision under the law? Did he relate his inabilty to follow the law?

TJC: Cannon 3, Section B Items: (2) A judge shall not be swayed by partisan interests, public clamor, or fear of criticism. (5) A judge shall perform judicial duties without bias or prejudice.

Did Judge Ben Smith indicate in a Facebook post that he should recuse himself, but he never did?

Please see the Facebook post included and review his writing that: "Any time a judge's impartialty can reasonably called into question, he or she is obligated to recuse and request that another judge hear it.". Did Smith file a motion to recuse? NO. The "Order of Assignment" from Judge Wheless never transfered any case, much less the PTP case. It merly assigned Judge Wade to hear cases at the same time and same court as Smith; the 380th. The case never left Smith's 380 jurisdiction. Strangely, Wade was assigned for one day only; the exact day the PTP was to be heard. The cases should have been handed out to each judge randomly; does anyone believe this to be so? Also since Smith had the longevity on this complicated case, why did he maintain control over the case with which he had been assigned?

TJC: Cannon 3 Section B, (1) A judge shall hear and decide matters assigned to the judge except those in which disqualification is required or recusal is appropriate". BUT A MOTION FOR RECUSAL WAS NEVER MADE.

If Smith truly allowed ex parte conversations and outside "pressure" to call his impartiality into question so he would need to be recused, what should have happened?

The Texas rules of Civil Procedure rule 18(a) details the process and documentation needed for judical recusal when called for. "A motion is made to recuse or disqualify a judge who is sitting in the case by filing a motion with the clerk of the court in which the case is pending." The motion includes information such as timing and grounds for recusal. All parties to the lawsuit (other than judge would have time to review the motion and comment.

Was a request for detailed explanation of the ex parte conversations filed with the court?

YES, please see letter from Jack Ternan dated Septemeber 20th, (included) requesting an accounting of the people who approached and engaged judge Smith ex parte. NOTE: No response from Smith was ever recieved.

RESOLUTION CALLING FOR THE COLLIN COUNTY REPUBLICAN EXECUTIVE COMMITTEE TO REPREMAND REPUBLICAN JUDGE BEN SMITH

WHEREAS, Republican Judge Ben Smith of the 380^th District Court had been assigned cause: 'Elizabeth Carruth, et al. v. Lisa Henderson, Plano City Secretary, Cause No. 38000469-2016, in the 380th District Court, Collin County, Texas”, also known as the Plano Tomorrow Plan (PTP). WHEREAS,Judge Ben Smith's actions led to a Democrat judge from Dallas County taking his place and ruling in his stead on a case involving the urbanization plan known as Plano Tomorrow, which the Democrats are using to 'Turn Plano Blue”. His actions and inaction as a judge have allowed this lawsuit to proceed and jeopardize the political races of many Republican elected officials in 2020 and 2022. WHEREAS, there are at least five examples of Judge Ben Smith violating the Texas Code of Judicial Conduct as defined by the Texas Supreme Court updated 7/10/19 (following link: see https://www.txcourts.gov/media/1444424/texas-code-of-judicial-conduct.pdf ) WHEREAS, Judge Ben Smith violated the process of Judicial Recusal as defined by and as codified in Texas Rules of Civil Procedure, Rule 18(a)(follow ink: http://www.stcl.edu/lib/TexasRulesProject/rule18a2011.html)

WHEREAS, Judge Ben Smith violated The Texas Code of Judicial Conduct (herein the “Code”), Cannon 3, Section B, Item 8, Performing the Duties of Judicial Office Impartially and Diligently, when he, by his own public admission, allowed himself to be drawn into “ex parte” conversations with numerous people about a matter pending in his court, and

WHEREAS, Judge Ben Smith violated the Texas Code of Judicial Conduct Canon 3, Section B, Item 2 of the Code, which prohibits a judge from being swayed by partisan interests, public clamor, or fear of criticism, when, by his own public admission, he allowed the ex-parte conversations to influence his judgment regarding a case currently pending in his Court, applying the statements of others to his personal life and forming an opinion as to the desired outcome of the case, to the point that he stated he felt the need to recuse himself therefrom; and

WHEREAS, Judge Ben Smith violated Texas Code of Judicial Conduct Canon 2 of the Code, Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities, when he stated on a Facebook post that he felt the need to recuse himself from a case pending before his court, but then failed to recuse himself from such case as as codified in Texas Rules of Civil Procedure rule 18(a) http://www.stcl.edu/lib/TexasRulesProject/rule18a2011.html

WHEREAS, Judge Ben Smith violated Texas Code of Judicial Conduct Canon 2 of the Code, Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities, by speaking publicly and discussing his personal opinion about a case that was still pending in his court; a case over which he still held plenary power (jurisdiction), and WHEREAS, Judge Ben Smith violated the Texas Code of Judicial Conduct Canon 3, Section C of the Code, which required him to discharge his administrative duties competently, when he had a case transferred out of his court to be heard in a different court, but failed to ensure that attorneys and plaintiffs were notified of the transfer, failed to ensure that the docket was updated so that parties would know where the case was being heard, and failed to have his bailiff announce the transfer of the case so that parties would be notified of the transfer. As a result of Judge Smith’s failure to discharge his duties competently, parties to a case were unable to participate in or view their case, as they were directed to the wrong courtroom. Parties and attorneys to the case did not receive notice of transfer of a case until two weeks after the hearing at which the transfer occurred, and the docket was not updated to reflect the transfer of the case until two weeks after the transfer occurred.

NOW, THEREFORE, BE IT RESOLVED, that the Collin County Republican Party Executive Committee hereby votes to reprimand Judge Ben Smith for his actions (as defined above) in the case of "Elizabeth Carruth, et al. v. Lisa Henderson, Plano City Secretary, Cause No. 38000469-2016, in the 380th District Court, Collin County, Texas”, also known as the Plano Tomorrow Plan (PTP).

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